Ada Pertanyaan? Hubungi Kami 
Ada Pertanyaan? Hubungi Kami Happy Rayna Stephany, IGAP Trisnajaya
PT Metro Batavia—operator of Batavia Air—ceased operation as of 31 January 2013 at 00:00 hours, after the Commercial Court of Central Jakarta (Court), Wednesday (30/1), ruled in favor of a bankruptcy petition filed by International Lease Finance Corporation.
As a background, Batavia Air and International Lease Finance Corporation signed an Aircraft Lease Agreement on 20 December 2009, which obliged Batavia Air to pay aircraft lease fees in the amount of USD$ 4,688,064 by 13 December 2012. However, Batavia Air failed to pay the fees.
Meanwhile, Batavia Air also failed to pay its debt in the amount of USD$ 4,939,166 to Seira Leasing Limited, which was due on 13 December 2012.
In its defense, Batavia Air claimed force majeure. It intended to use the leased aircrafts in order to transport Indonesian haj pilgrims during the annual haj season. However, Batavia Air lost the tender, leaving the leased aircrafts unused.
The Court found that the application for bankruptcy met the requirements under Article 2 of Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payments Obligation, which stipulates that a debtor will be declared bankrupt if that debtor has at least two creditors and has failed to pay one debt that is due and payable.
After declaring Batavia Air bankrupt, the Court appointed Andra Reinhard Sirait, Turman Pangabean, Permata N. Daulay, and Alba Sukmahadi as bankruptcy receivers, as well as Nawawi as supervisory judge for Batavia Air’s bankruptcy process.
After the court ruling, Batavia Air’s counsel Raden Catur Wibowo, stated that Batavia Air’s management accepts the decision and has not yet decided whether it will appeal the decision in the court of cassation.
The declaration of bankruptcy left Batavia Air with only fourteen aircrafts, which is not enough for flight operation activities.
“It is hard to operate with only fourteen aircrafts,” Raden concluded.
(jt/hot)
Happy Rayna Stephany, IGAP Trisnajaya
PT Metro Batavia—operator of Batavia Air—ceased operation as of 31 January 2013 at 00:00 hours, after the Commercial Court of Central Jakarta (Court), Wednesday (30/1), ruled in favor of a bankruptcy petition filed by International Lease Finance Corporation.
As a background, Batavia Air and International Lease Finance Corporation signed an Aircraft Lease Agreement on 20 December 2009, which obliged Batavia Air to pay aircraft lease fees in the amount of USD$ 4,688,064 by 13 December 2012. However, Batavia Air failed to pay the fees.
Meanwhile, Batavia Air also failed to pay its debt in the amount of USD$ 4,939,166 to Seira Leasing Limited, which was due on 13 December 2012.
In its defense, Batavia Air claimed force majeure. It intended to use the leased aircrafts in order to transport Indonesian haj pilgrims during the annual haj season. However, Batavia Air lost the tender, leaving the leased aircrafts unused.
The Court found that the application for bankruptcy met the requirements under Article 2 of Law No. 37 of 2004 on Bankruptcy and Suspension of Debt Payments Obligation, which stipulates that a debtor will be declared bankrupt if that debtor has at least two creditors and has failed to pay one debt that is due and payable.
After declaring Batavia Air bankrupt, the Court appointed Andra Reinhard Sirait, Turman Pangabean, Permata N. Daulay, and Alba Sukmahadi as bankruptcy receivers, as well as Nawawi as supervisory judge for Batavia Air’s bankruptcy process.
After the court ruling, Batavia Air’s counsel Raden Catur Wibowo, stated that Batavia Air’s management accepts the decision and has not yet decided whether it will appeal the decision in the court of cassation.
The declaration of bankruptcy left Batavia Air with only fourteen aircrafts, which is not enough for flight operation activities.
“It is hard to operate with only fourteen aircrafts,” Raden concluded.
(jt/hot)